(e) Lessee shall not be obligated to pay any sums required in Section 14 in the event the
cause of the Loss results from one or more of the following events: (1) a failure of Lessor to
timely claim accelerated cost recovery (or depreciation) deductions for any Aircraft in Lessor’s
tax return, other than a failure resulting from Lessor’s determination, based on opinion of its
counsel or otherwise, that no reasonable basis exists for claiming accelerated cost recovery (or
depreciation) deductions, (2) a failure of Lessor to have sufficient gross income to benefit from
accelerated cost recovery (or depreciation) deductions, or (3) a change in the tax law applicable
to accelerated cost receovery (or depreciation) deductions disallows deductions to which Lessor
would otherwise be entitled unless such loss is caused by an act or omission of Lessee. Lessor
agrees to promptly notify Lessee of any claim made by any federal or state tax authority against
Lessor with respect to the disallowance of such accelerated cost recovery (or depreciation)
deductions, together with sufficient details (to the extent the information is available to Lessor)
of the nature of, or reasons for, the claim by such tax authority and Lessor’s position with
respect thereto (including a copy of any correspondence from the applicable taxing authority). All
references to Lessor in this Section 14 include Lessor and the consolidated taxpayer group of which
Lessor is a member.

     (f) All of Lessor’s rights, privileges and indemnities contained in this Section 14 shall
survive the expiration or other termination of this Lease. The rights, privileges and indemnities
contained herein are expressly made for the benefit of, and shall be enforceable by Lessor, its
successors and assigns.